🇺🇸 The WARN Act, Explained

Your rights to advance notice before a mass layoff or plant closing — and what you're owed if your employer skips it.

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The Worker Adjustment and Retraining Notification (WARN) Act is the closest thing US federal law has to protection around mass job losses. It doesn't pay severance — it requires advance notice of large layoffs and closings, and pays you if that notice is skipped.

Who it covers

Employers with 100 or more employees (generally excluding those employed fewer than 6 of the last 12 months and those averaging under 20 hours/week).

What triggers it

EventThreshold (single site, 30-day period)
Plant closingShutdown causing employment loss for 50+ employees
Mass layoff50–499 employees if that's ≥33% of the active workforce at the site, OR 500+ employees (the 33% test doesn't apply)

The notice

Covered employers must give at least 60 calendar days' advance written notice to affected employees (or their representatives), plus state and local officials.

What you get if they don't

If your employer violates WARN, it is liable to each affected employee for back pay and benefits for each day of violation, up to 60 days (reduced by any notice actually given or voluntary payments). There's also a civil penalty of up to $500/day for failing to notify local government.

How it's enforced (important)

WARN is enforced through the US district courts — the Department of Labor does not pursue damages for workers. Affected employees or their representatives must sue directly.

Official source

Federal WARN Act guidance: U.S. Department of Labor.

State "mini-WARN" laws

Federal WARN is a floor, not a ceiling. Several states — including California, New York, New Jersey and Illinois — have their own "mini-WARN" laws with lower thresholds or longer notice. Check your state's law, which may protect you even when federal WARN doesn't.

Frequently asked questions

How much notice does the WARN Act require?

At least 60 calendar days' advance written notice before a covered plant closing or mass layoff, given to affected employees (or their representatives) and to state and local officials.

Which employers have to comply with WARN?

Employers with 100 or more employees, generally excluding employees who've worked fewer than 6 of the last 12 months and those averaging under 20 hours a week.

What counts as a mass layoff under WARN?

At a single site over a 30-day period: 50–499 employees losing their jobs if that's at least 33% of the active workforce, or 500+ employees regardless of percentage. A plant closing is a shutdown causing employment loss for 50+ employees.

What do I get if my employer violates WARN?

Back pay and benefits for each day of the violation, up to 60 days. Employers can also face a civil penalty of up to $500 a day for failing to notify local government. WARN is enforced through the courts — affected workers sue directly.

Does my state have stronger layoff protections?

Possibly. States like California, New York, New Jersey and Illinois have 'mini-WARN' laws with lower thresholds or longer notice. Federal WARN is the minimum — check your state's law too.

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General guidance, last verified July 2026 — not legal advice. Federal WARN thresholds shown; state mini-WARN laws vary. Confirm with the US Department of Labor or your state labor department.